Easton v. Western Life & Casualty Co.
Montana Supreme Court
/ Appeals from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Carl F. Easton against tbe Western Life & Casualty Company. From a judgment for plaintiff, and an order overruling its motion for new trial, defendant appeals.
1Opinion of the CourtJustice Reynolds
Plaintiff brought action upon an accident policy against defendant for recovery of damages for injuries sustained. Defendant appeals from the judgment for plaintiff and order overruling motion for a new trial.
*435Respondent has moved this court to dismiss the appeals, for the reason that the transcript does not contain any copy of the judgment. It is elementary that an appellate court [1] cannot consider an appeal from a judgment which is not before it. This court has held that, when the transcript does not contain a copy of the judgment on appeal from the judgment, it has no jurisdiction to…
2Cases cited3 opinions
- Lisker v. O'RourkeMontana Supreme Court · 1903
- Minneapolis Threshing Machine Co. v. Stanford Mercantile Co.Montana Supreme Court · 1921
- State ex rel. Bank v. TaylorMontana Supreme Court · 1906